Federal Criminal Defense Blog : Georgia Federal Criminal Defense Lawyer & Attorney : Gillen Withers & Lake Law Firm : White Collar Crime, RICO, Trial : Atlanta, Savannah, GA

The season for college sports is upon us once again and what better way to honor the occasion than with a bit of news from 7th Space Interactive that Dale Brannan, of Fayetteville, Georgia, has been indicted in the U.S. District Court for the Northern District of Georgia for defrauding various universities and colleges, including Kansas State University, the University of New Mexico, Oakland University, Stonehill College and Minnesota State University - Mankato. Mr. Brannan was arraigned last week on charges of bank fraud, mail fraud, bankruptcy fraud, and one count of making a false declaration in a bankruptcy filing.

Mr. Brannan is alleged to have operated a company called Transport Athletics in Fayetteville and Savannah, Georgia, which purportedly arranged for overseas travel for collegiate sports teams to countries including China, Italy, Brazil and Finland. However, the government has charged that he used the funds paid by universities and colleges to pay the costs of earlier trips of other schools and to pay his personal expenses.

Mr. Brannan is alleged to have caused Transports Athletics to file for bankruptcy and notified the schools that the trips had been cancelled. He then allegedly started another company, Sports Tours and Tournament Specialists, Inc., or STATS, and re-commenced the scheme. The alleged loss from the activities is over $400,000.

Gillen Withers & Lake LLC are expert criminal law attorneys with a stunning record of success on behalf of our clients in criminal investigations and prosecutions.

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Yesterday, after a five week trial, a jury in the U.S. District Court for the District of Massachusetts found Zhen Zhou Wu, a/k/a Alex Wu; Yufeng Wei, a/k/a Annie Wei; and Chitron Electronics, Inc., a corporation based in Shenzhen, China, with an office in Walthan, Massachusetts, guilty of conspiring to violate U.S. export laws and illegally exporting electronic equipment from the United States to the Peoples' Republic of China, according to a press release by the Boston Office of the Federal Bureau of Investigation.

From 2004 to 2007, Chitron purchased equipment used in electronic warfare; military radar, guidance and control equipment; satellite communications, including global positioning systems; and fire control and exported the equipment to China through Hong Kong. The equipment is primarily used in military phased array radar, electronic warfare, military guidance systems, and military satellite communications. The defendants sent the equipment to Chinese military entities and research institutes, including China Electronics Technology Group Corporation. The equipment was shipped without export licenses from the Department of Commerce, in violation of the U.S. arms embargo against China which has been in place since 1990. The press release notes that the equipment could make a significant contribution to weapons systems and fighting capabilities of adversaries of the U.S.

Source: chinalawandpolicy.com/page/2/

Wu and Wei were also convicted of filing false shipping documents with the U.S. Department of Commerce, and Wei was convicted of immigration fraud for using a U.S. Permanent Resident Card which she allegedly knew had been procured by making false and fraudulent statements to immigration officials in order to enter the U.S. A co-defendant, Bo Li, a/k/a Eric Lee, previously pled guilty to making false statements on shipping documents.

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As reported by the Wall Street Journal and DOJ, UTStarcom Inc., a California-based global communications corporation which designs, manufactures and sells network equipment and handsets has agreed to pay $1.5 million in penalties to the government for alleged acts of bribery in the People’s Republic of China in violation of the Foreign Corrupt Practices Act (FCPA). The company simultaneously reached a settlement with the Securities and Exchange Commission over the same conduct in which it agreed to pay an additional $1.5 million.

UTStarcom entered an agreement with the government--in which UTStarcom neither admitted nor denied the allegations--which states that, between 2002 and 2007, the company's employees and agents allegedly arranged and paid for employees of Chinese state-owned telecommunications companies and UTStarcom customers to travel to popular tourist destinations in the U.S., including New York City, Las Vegas and Hawaii, purportedly to participate in training at UTStarcom facilities. However, UTStarcom purportedly had no facilities in the locations and conducted no training. UTStarcom recorded the trips as alleged "training" expenses. The government charged that the trips were for the alleged purpose of securing telecommunications contracts in China. The value of the trips and other gifts to foreign employees was alleged to be approximately $7 million.

The SEC has also alleged that UTStarcom obtained work visas for employees of its foreign customers to work in the U.S. and paid the individuals salaries and benefits although the individuals allegedly did no work. It claims that UTStarcom allegedly falsely accounted for payments to the individuals as employee compensation and created false annual performance reviews for personnel files of the individuals.

In addition to paying penalties, the agreement requires UTStarcom to implement various internal controls and to cooperate fully with the Department of Justice. The agreement also recognizes UTStarcom's voluntary disclosures to, and cooperation with, the government, and the company's efforts to correct the conduct. DOJ has agreed not to prosecute UTStarcom or its subsidiaries in exchange for its cooperation and its compliance with the agreement.

UTStarcom's focus has been Asian markets, in particular China. The company does business in China through UTStarcom China Co. Ltd., a wholly-owned subsidiary.

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